Not in USA while H4 extension in process

[milan_129]

Hi,

My H1-B and my wife's H4 expires on 5th Aug 2010. My wife is planning to travel to India in April and return to US in July. My employer is planning to aply for my H1 extension and her H4 extension in June while she is in India and I'm in USA. I need to know:

1. Will there be a problem in applying for her H4 extension while she is in India?

2. While her H4 extension is in process in July, can she enter into USA with her current H4 (which is expiring in Aug)?

3. Let's say that her H4 extension got approved before her return to USA in July. Can she enter into USA using her current H4 (which is expiring in Aug) or does she has to get new visa stamp before entering into US?

Thanks.

[milda]

Hi,

My H1-B and my wife's H4 expires on 5th Aug 2010. My wife is planning to travel to India in April and return to US in July. My employer is planning to aply for my H1 extension and her H4 extension in June while she is in India and I'm in USA. I need to know:

1. Will there be a problem in applying for her H4 extension while she is in India?
No
2. While her H4 extension is in process in July, can she enter into USA with her current H4 (which is expiring in Aug)?
Yes

3. Let's say that her H4 extension got approved before her return to USA in July. Can she enter into USA using her current H4 (which is expiring in Aug) or does she has to get new visa stamp before entering into US?
Yes, she can enter.

Thanks.

[Note:- I am sharing my views, contact your attorney for the best advice]